State v. DeWitt

OPINION

VOSS, Judge.

In this case we hold: police officers responding to a burglary in progress may reasonably enter the residence without a warrant to search for suspects; an inadvertent discovery while lawfully within the residence merits a new justification for the police officers’ presence in the residence; and a warrantless entry by others is justified to confirm the first officer’s suspicion of ongoing illegal activity.

I. FACTUAL AND PROCEDURAL HISTORY

On June 4, 1991, Defendant Victor DeWitt’s neighbor reported a possible burglary in progress at Defendant’s house. Phoenix Police Officer…